Rome S Downtown Market

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1 Rome S Downtown Market 2018 Vendor Application Welcome to Rome s Downtown Market. Beginning in 2018, the City of Rome and Positively Rome will co-host this premiere farmers market on Fridays, June 15 through October 5 from 12:00pm to 6:00pm, on the City Hall Green. To help you become a part of this market experience, this packet contains: A Vendor Application Form: Please complete this form and return to: Positively Rome 415 N. Madison Street Rome, NY or to positivelyrome@gmail.com. A complete application requires a completed vendor form, a copy of all relevant licenses and permits to conduct business in New York State (see listing included),a Certificate of Liability Coverage naming City of Rome, 198 N. Washington Street, Rome, NY, and Positively Rome, 406 Lynwood Street, Rome, NY, as additional insured, and payment (make checks payable to Positively Rome). Market Rules and Regulations Listing of all permits/licenses/certificates required for Farmers Market vendors Additional information Open application period is March 26 through May 1, Include payment with your completed application. Upon review, you will be notified of the status of your application within 10 business days from day of receipt. Payment will be returned in the event an application is not approved for market participation. You may contact us at positivelyrome@gmail.com or with any questions.

2 2018 Vendor Application Rome Downtown Farmers Market City Hall Green (198 N. Washington Street) Fridays, 12:00pm to 6:00pm June 15 to October 5, 2018 Business Name Business Owner(s) legal name Business Address City State Zip Phone number(s): (s): Emergency Contact for above listed vendor: Relationship to vendor: Phone: NYS Sales Tax #: (if selling product subject to NYS sales tax) FMNP ID#: (if applicable, required to accept SNAP tokens at market) Vehicle type at market (make/model) License plate number List all items you intend to sell at market: I require power/generator : YES NO (CIRCLE ONE) Power available for full season vendors only. $50.00 for season. Not available for weekly permit holders.

3 Vendor Fees: Check one for participation Rome s Downtown Market reserves the right to shorten or lengthen season. $ Full season (June 15 to October 5, 2018) $15.00 Per Market VENDOR shall furnish all labor, equipment and materials necessary for the performance of its duties under this Agreement, and shall perform all work using the standard of care and skill ordinarily exercised by members of the appropriate profession practicing in the same locality, under similar conditions and as of the time the services are performed and shall be responsible for all work under this Agreement, including techniques, sequences, procedures and means, and for coordination of all work. VENDOR shall secure all permits required to perform its duties under this Agreement and shall comply with employer's liability, OSHA, New York State Labor Law and other federal, state, county and municipal laws, rules, ordinances and regulations. VENDOR agrees that it will at its own expense, at all times during the term of this Agreement, procure and maintain in force a policy of general liability insurance, written by one or more insurance carriers licensed to do business in the State of New York, and having offices within the State of New York, which will insure against any general liability arising from the services to be provided hereunder. The liability coverage of such insurance shall not be less than One Million and 00/100 Dollars, ($1,000,000.00), per occurrence, for Bodily injury and Death/Property damage and a minimum general aggregate coverage of Two Million and 00/100 Dollars ($2,000,000.00). VENDOR agrees to have CITY and POSITIVELY ROME named as an additional insured to said policy, and to provide CITY and POSITIVELY ROME with a certificate from said insurance company or companies showing CITY and POSITIVELY ROME as an additional insured prior to the execution of this Agreement, and to provide that such coverage shall not be terminated without prior written notice to CITY and POSITIVELY ROME at least thirty (30) days prior to said termination. VENDOR agrees that CITY and POSITIVELY ROME are to be exempt from any and all liability for any damage, injury or death to person(s) or property of VENDOR, including VENDOR S agents, servants, employees and business invitees, unless said damage, injury or death to person(s) or property is caused by the gross negligence of CITY or POSITIVELY ROME. To the fullest extent permitted by applicable law, VENDOR agrees that it shall indemnify, defend and hold harmless CITY and POSITIVELY ROME from and against all liability, damages, expenses, costs, causes of action, suits, claims or judgments arising from personal injury(ies) or death to person(s), property damage, and for anything and everything whatsoever arising from or out of the work of VENDOR and its agents, servants or employees, and from any loss or damage arising from the negligent acts or failure to act or any default or negligence by VENDOR or failure on the part of VENDOR to comply with any of the covenants, terms or conditions of this Agreement. Vendor Signature: Date:

4 Market Rules and Regulations 1) For all participating vendors, a minimum of 50% of all items must be raised, baked, prepared and/or made by the vendor. Crafts, art or household goods are sold based upon their uniqueness/quality. The market selection committee reserves the right to determine the appropriateness of any product sold. 2) All vendors must submit a complete application (including licenses/permits/inspections required), agree to abide by Market rules, and receive approval from management prior to Market day in order to participate. 3) Applications must include copies of all required licenses/permits based on the nature of the product(s) sold. And all vendors must carry a liability policy ($1,000,000 minimum) listing Positively Rome and City of Rome as additionally insured. This policy must be current and in effect for the duration of their participation. 4) Vendors are responsible for all apparatus they deem necessary for their booth (table, chairs, canopy, etc.) 5) Vendors must display company sign, sales tax certificate (if needed), and FMNP/WIC certificates (if applicable.) 6) All items sold must be licensed in accordance with the following where applicable: Article 14 of the Agriculture and Markets Law of the NYS Dept. of Ag & Markets; the NYS Department of Taxation; Oneida County Department of Health; City of Rome ordinances and regulations. Any applicable costs are the responsibility of the vendor. 7) Vendors are required to use good judgment and take appropriate actions if dangerous weather conditions threaten, including ceasing operations, packing up loose items if possible and seeking shelter. If management judges that weather conditions are too dangerous to continue safe operations, vendors must cease operation, pack loose items, seek shelter. 8) Vendors will be assigned space by Market management. Booth set up for sale must be, and remain, within the boundaries of the booth at all times. 9) All vendors are required to remove all trash and/or utilize available trash containers. It is the responsibility of each participating vendor to leave the booth space clean and litter free. 10) Public drinking of alcohol, smoking, amplified music (other than market entertainment), fragrance and pets are prohibited (with the exception of service animals.) Animals not controlled by owners will be removed from the market space. 11) Canopies/umbrellas used will be weighted to accommodate wind, rain or bright sun. 12) Use signage to clearly display pricing, products or promotions. Product labeling for all food products must adhere to USDA and NYS Ag & Markets labeling requirements. 13) Vendors will be respectful and courteous to customers, market staff, volunteers and fellow vendors at all times. No shouting, hawking, offensive language or behavior will be tolerated. This includes making disparaging statements on social media (ie: Facebook or Twitter etc...) about the market, its managers, or other vendors is strictly prohibited. This rule will be strictly enforced. 14) Failure to abide by these Rules and Regulations will result in a vendor being denied continued participation in the Market. Any remaining unused paid vendor fees will be forfeited to the Rome s Downtown Market.

5 Permits/Licenses/ Certificates Required for Farmers Market Vendors The following is a checklist that will help you to understand the permits, licenses and certificates that are required of sellers of various products commonly found in farmers markets. This checklist is not exhaustive, but is a general guideline. Please consult the inspection agencies listed at the end for further assistance. Fresh Produce: No permits, licenses or certificates required, if raw, uncut, and unprocessed. Plant Sales: Nursery license is required and must be posted in public view at the time of sale. NYS Department of Agriculture & Markets Nursery Growers License, if engaged in the production of plant material intended for sale. A nursery grower is also permitted to purchase and resell plant material under this same license. NYS Department of Agriculture & Markets Nursery Dealers License, if purchasing and reselling plant material only and the vendor is not involved in any growing of potted plant material. Valid NYS Sales Tax Certificate Eggs: No permits, licenses or certificates required, for cleaned shell eggs maintained at 45 degrees or less. Eggs must be from farm owned hens (not purchased eggs). Honey, Maple Syrup: No permits, licenses or certificates required, if single ingredient products. Article 20C License from NYS Dept. of Agriculture & Markets, if additional ingredients are added to the products; i.e. maple mustard, maple cotton candy, etc. Baked Goods: 20C Exemption from NYS Dept of Agriculture & Markets if home baked, non-hazardous; ie. Bread (no breads containing fruits or vegetables), rolls, cookies, cakes, brownies, fudge & double crust fruit pies. (Quickbreads are considered potentially hazardous and cannot be done under 20C Exemptions.) No internet sales or advertising allowed. Article 20C License from NYS Dept. of Agriculture & Markets on all other baked products provided the business does 51% of its sales at wholesale. (Requires a separate, commercial kitchen.) All other baked goods must come from a licensed NYS Department of Health facility. Cider/Fruit Juice: Article 20C License from NYS Dept of Agricultur e & Markets for manufacturer s/ bottlers. All cider and fruit juices must be pasteurized or UV treated New York State Wines: Farm Winery Permit, issued by the NYS Liquor Authority, Valid NYS Sales Tax Certificate Processed Foods 20C Home Exemption from NYS Dept. of Agricultur e & Markets, for non-hazardous foods only, including traditional fruit jams, jellies and marmalades; candy (excluding chocolate); spices and herbs repackaging only); and snack items such as popcorn, caramel corn and peanut brittle. Article 20C License from NYS Dept of Agriculture & Markets, prepackaged and labeled in accordance with NYS Food Labeling Law: Identity of food in package form; name of manufacturer, packer or distributor; place of business; ingredient declaration in descending order of predominance by weight; and net quantity of contents. County Board of Health Permit if processing is on-site; i.e. cutting of baked goods to be sold by the

6 piece, slicing of cheese to be sold by the pound; cooking and selling ready-to-eat foods Home processing of canned fruits and vegetables is not permitted. All canned fruits and vegetables must be done under 20C License and registered with the Federal government as a food processor. Article 20C License from NYS Dept. of Agriculture & Markets is required for dehydrating herbs and spices or for the blending of any spices for repackaging. Meats License is required if grinding or processing. License is not required for cutting. Red Meat (Beef, lamb, goat): USDA slaughtered and/or processed must have USDA legend. Article 28D License required if warehousing for wholesale. Must be maintained at 0ºF or below if sold frozen. 40ºF if sold fresh. Chicken: License not required to sell 250 turkeys or 1000 birds of other species (quail, guinea, chicken.)* No license required if USDA slaughtered. Article 28 License if warehousing for wholesale accounts. Article 5A license required if selling over 250 turkeys or 1000 birds of other species.* (* 250 turkeys or 1000 birds of other species processed annually). Exotic Meat: Must be slaughtered at an Article 5A licensed establishment. Must be labeled Processed at an NYSDAM facility. Article 28 License required if warehousing for wholesale accounts, if not licensed under Article 5A. Processed Meats: Article 20C license from the NYS Dept. of Agriculture & Markets Fish: No permit, license or certificate is required if a freshwater fisher man is selling only whole, nonprotected species. Article 20C License from NYS Dept of Agriculture & Market if fish is pan-ready. NYS DEC hatchery permit required if selling protected freshwater species. NYS DEC permit required if re-selling any protected freshwater species. NYS DEC Food Fish License to catch and sell marine fish. NYS DEC Food Fish and Crustacean Dealers & Shippers License to resell marine fish purchased from a licensed fisherman Cheese & Other Dairy Products (such as yogurt, butter, sour cream): For producers, Part II Permit, issued by the NYS Dept. of Agriculture & Markets Division of Milk Control and Dairy Services. If cut and wrap cheese, need Part II Permit issued by Division of Milk Control and Dairy Services unless part of a food establishment regulated by Division of Food Safety, in which case just need Article 20C License. Milk and Fluid Milk Products (such as 2%, 1% and non-fat milk): Milk must be pasteurized. Producer must have Part II Permit issued by Division of Milk Control and Dairy Services. Producer and any distributor must have a Milk Dealers license issued by Division of Milk Control and Dairy Services unless amount handled is less than 3000 pounds per month Grains and Legumes (pre-packaged cannot be packed on site): No permits, licenses or certificates. Fresh Cut/ Dried Flowers: Valid NYS Sales Tax Permit Crafts: Valid NYS Sales Tax Permit

7 For additional information, call: NYS Dept. of Agriculture & Markets, Division of Food Safety: Albany Region: Syracuse Region: Rochester Region: Buffalo Region: New York City: NYS Dept. of Agriculture & Markets, Division of Milk Control & Dairy Services: Albany: OR NYS Dept. of Agriculture & Markets, Division of Plant Industry: Albany: Christopher Loque, Director, NYS Dept. of Ariculture & Market, Division of Food Safety and Inspection: Albany: Stephen Stich, Director, NYS Dept. of Environmental Conservation, Permitting Office: Sales Tax (for cut flowers, gourds, ornamental corn, candy, crafts, antiques) NYS Tax Department Taxpayer Services ( Harriman Campus Building 8, 9th Floor Albany, NY Office of Weights and Measures (for scales) Herkimer County, Jeffery Chase, Director Oneida County, John Meyer, Director Phone: Phone: Fax: Fax: Compiled by the Farmers Market Federation of New York, Updated, 2016.

8 Vendor Checklist Please insure that all of the following are included in a completed Vendor Application: 1. Completed and signed Vendor form (pages 2-3) 2. Copy of required licenses and permits (see listing included) 3. Letter of Accord for Liability Coverage listing City of Rome and Positively Rome as additional insured, in effective for full 2018 market season (June 15 Oct 5). Minimum coverage of $1,000, per occurrence for bodily injury and death/ property damage, and a minimum general aggregate coverage of $2,000, Full payment, check payable to Positively Rome. $ full season $15.00 per market (if not participating for full season) $50.00 power (available for full season vendors only)